2. If this happens, you can complain to the CIRC.
Announcement on matters related to student safety insurance
Announcement on matters related to student safety insurance (Announcement No.53 of China Insurance Regulatory Commission) (2003-8- 12)
In order to protect the legitimate rights and interests of the majority of students and maintain the normal order of the insurance market, the relevant matters concerning student safety insurance (hereinafter referred to as Xue Ping Insurance) are hereby announced as follows:
1. According to Article 4 of People's Republic of China (PRC) Insurance Law, students and their parents have the right to choose whether to buy Xue Ping insurance. No unit or individual has the right to force students to buy Xue Ping insurance.
2. According to Article 8 of the Insurance Law of People's Republic of China (PRC), "Insurance companies shall follow the principle of fair competition and shall not engage in unfair competition", students and their parents can choose insurance companies to buy insurance in Xue Ping. No unit or individual has the right to force students to buy academic insurance from designated insurance companies.
Three, welcome the public to supervise the insurance companies to legally operate the insurance business in Xue Ping. If it is found that an insurance company adopts any form of compulsory insurance for Xue Ping insurance, or engages in unfair competition by administrative means, it may report to the dispatched office of the China Insurance Regulatory Commission. Once the dispatched office of the CIRC is verified, it will punish the illegal insurance company according to law.
Announcement of China Insurance Regulatory Commission on Regulating Insurance Business in Xue Ping
Announcement No.20 of China Insurance Regulatory Commission
Ping An Student and Child Insurance (hereinafter referred to as Xue Ping Insurance) is a kind of insurance with low premium and strong guarantee. Since its establishment, Xue Ping Insurance has produced good social benefits. However, in recent years, because some insurance institutions have taken improper measures to monopolize insurance business in disguise or carry out compulsory insurance, the normal order of the insurance market has been disturbed, and the majority of students and parents have reacted strongly. The autumn of 2000 is coming, and I will announce the following:
1. It is strictly prohibited for all insurance institutions to jointly issue documents with government departments in any name, or to apply for Xue Ping insurance from designated insurance institutions through government departments, so as to conduct unfair competition by administrative means in disguise and monopolize insurance business in Xue Ping.
Two, the choice of policyholders and insurance institutions should follow the principle of voluntariness, and it is strictly prohibited for all insurance institutions to take any form of compulsory insurance in Xue Ping and other insurance businesses.
Three. Insurance institutions that participate in insurance business competition in violation of regulations should be corrected quickly. For insurance institutions that are still engaged in unfair competition, I will deal with them severely according to law.
It is hereby announced
China Insurance Regulatory Commission (CIRC)
August 2000 14
Notice of China Insurance Regulatory Commission Beijing Office on Standardizing the Operation of Students' Ping An Insurance Business
China Insurance Regulatory Commission [2003] No.81
Branches of insurance companies in Beijing:
At present, the student F.A. insurance business operated by various insurance companies does not conform to the current insurance laws and regulations in terms of product design, operation and management. In order to standardize the development of student safety insurance business in Beijing, the relevant issues are hereby clarified as follows after consulting the China Insurance Regulatory Commission:
1. According to the provisions of relevant laws and regulations, the school has no insurable interest in student safety insurance for underage students, so it cannot insure student safety insurance for underage students in the name of the insured.
(1) The school bears certain civil responsibilities for students during their school days, but this responsibility can only be solved by taking out liability insurance; Students' FPA is an accidental injury insurance clause, and its insurance liability is not limited to the period of school.
(2) Article 55 of the Insurance Law of People's Republic of China (PRC): "An applicant may not take out life insurance for a person without civil capacity, and an insurer may not underwrite it. The stipulation that parents' personal insurance for minor children is not restricted by the preceding paragraph is a special provision relative to Article 53 of the Insurance Law of People's Republic of China (PRC), which stipulates that "except as stipulated in the preceding paragraph, if the insured agrees that the applicant has an insurable interest in the insured". Therefore, for underage students, even with the consent of the students and their guardians, the school may not take out student safety insurance in the name of the insured.
Two, according to the provisions of Article 55 of the Insurance Law of People's Republic of China (PRC), the insured of minor students' personal safety insurance should be their parents. As the insured, the parents of minor students should pay the corresponding premiums and take out student safety insurance for minor students in the form of individual insurance.
3. According to Article 13 of the Insurance Law of People's Republic of China (PRC), after the insurance contract is established, the insurance company shall issue the insurance policy or other insurance certificates to the applicant in time.
In view of the above reasons, please earnestly do the following work:
First, clean up the existing student F.A. insurance clauses and adjust the contents in the clauses that are not in compliance with laws and regulations; And submit it to the head office for corresponding modification, and re-perform the filing procedures in accordance with the relevant provisions of the China Insurance Regulatory Commission on the filing management of life insurance products.
II. Companies should strictly implement the Notice on Regulating the Agency Business of Ping An Insurance for Primary and Secondary School Students (No.1999) and the Notice on Prohibiting the Illegal Operation of Ping An Insurance (No.1 18) in the process of developing students' Ping An insurance business.
Iii. All companies shall complete the cleaning and standardization of students' F.A. insurance business before August 3, 20031day. At that time, our bureau will conduct a special inspection on the development of Beijing students' Ping An insurance business as appropriate.
April 2003 14